FEBRUARY HUMAN RIGHTS UPDATE

UNCLAS BOGOTA 000736

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV KJUS PTER CO
SUBJECT: FEBRUARY HUMAN RIGHTS UPDATE

REF: A. BOGOTA 313

B. BOGOTA 400

C. BOGOTA 488


SUMMARY
--------------


1. (U) The Foundation for the Freedom of the Press (FLIP)
reported that for the first time in 23 years, no Colombian
journalists were killed for their work in 2008. The FARC and
the ELN mounted indiscriminate attacks against security
forces resulting in civilian deaths. Two former AUC members
participating in the Justice and Peace Law are the primary
suspects in 22 murders in Barrancabermeja this year. An
appeals court ordered the reopening of the December 1998
Santo Domingo bombing case, while the Prosecutor General's
Office (Fiscalia) opened an investigation into the then
commanding general of the 17th Brigade for the 2005 massacre
in San Jose de Apartado. Union members who testified before
the U.S. Congress on labor-related issues on February 12
received threats. The National Labor School reports that of
the 49 unionists murdered in 2008, 32 belonged to public
sector unions including 18 teachers. End Summary

NO JOURNALISTS KILLED IN 2008
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2. (U) The Foundation for the Freedom of the Press (FLIP)
announced that for the first time in 23 years, no Colombian
journalist was killed for their work in 2008. Still, the
FLIP study noted that 72 journalists reported receiving
threats in 2008. According to FLIP, in the last 30 years
more than 130 Colombian journalists have been killed for
their work.

FARC FREE HOSTAGES, POSSIBLY SEEKING GOODWILL...
YET LAUNCH ATTACKS AGAINST INDIGENOUS
--------------


3. (U) On February 1, the same day it released four
hostages (REF A),the FARC detonated a car bomb in front of
the regional police intelligence headquarters in Cali. One
civilian and the terrorist who drove the car were killed; 240
homes and 338 stores were damaged. Approximately a week
later, the FARC massacred at least 8 members of the Awa
indigenous group (REF C).

NOT TO BE OUTDONE, ELN STAGES SNEAK ATTACK
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4. (U) In an ambush in Covencion (Norte de Santander) on
February 12, the ELN's "Compania Francisco" killed three
police and three civilians. The ELN murdered a married
couple to serve as bait, and, from the cover of high ground,
attacked police first responders and civilians on the scene.
Seventeen additional people were wounded.

EX-PARAS BEHIND BARS...
AND BEHIND 22 ASSASSINATIONS THIS YEAR?
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5. (U) Two former AUC members participating in the Justice
and Peace Law (JPL) process, Mario Jaimes (El Panadero) and
Rodrigo Perez Alzate (Julian Bolivar),are the primary
suspects behind 22 murders in Barrancabermeja this year.
Some human rights groups have requested that they be expelled
from the JPL process and be judged in regular courts. In
voluntary confessions last year, Jaimes admitted ordering the
Barrancabermeja massacre of May 1998, in which seven people
were killed and an additional 25 were forcibly disappeared.
Only a judge can order the removal of a participant from the
Justice and Peace Law process.

COLOMBIAN SECURITY FORCES:
ACTIONS PAST AND PRESENT INVESTIGATED
--------------


6. (U) The Superior Tribunal of Bogota overturned a lower
court conviction of three Air Force personnel for involuntary
manslaughter, reopening the investigation into the bombing of
the hamlet of Santo Domingo (Arauca) in December 1998.
Seventeen civilians died, and another 21 were injured in the
attack. The Superior Tribunal said the three Air Force
members -- Cesar Romero Pradilla, Johan Jimenez Valencia, and
Hector Hernandez Acosta -- knew the destructive radius of the
cluster bomb, were aware of the hamlet's location, and
therefore knew the possible effects their actions might have
on civilians. The Tribunal said the pilots' actions violated
International Humanitarian Law prohibiting the use of bombs
in populated areas, even if enemy fighters are present. We
suspended assistance to the Air Force unit in January, 2003,
reinstating aid in September, 2007 after the lower court
ruling.


7. (U) Based on testimony from soldiers arrested last month
for the February 21, 2005 massacre of eight members of the
San Jose de Apartado Peace Community (REF B),the Fiscalia
opened an investigation into retired army general Hector
Fandino, who commanded the troops at the time of the
massacre. Fandino publicly said he is ready to cooperate
with the justice system and has nothing to hide.


8. (U) On February 12, the High Judicial Council (Consejo
Superior de Judicatura) denied retired General Alfonso Plaza
Vega's plea to be tried in a military court for his alleged
role in the forced disappearance of eleven people during the
recapture of the Judicial Palace on November 7, 1985. The
then Colonel commanded the operation that retook the Palace
from the terrorist group M-19.


9. (U) A Colombian court ordered the police of Saravena
(Arauca) to publicly apologize and pay reparations to the
family of Wilson Duarte Ramon, who was tortured and killed by
the police on March 26 and 27, 2002. The unit must also
implement and publicly post a human rights protection
strategy.

UNION LEADERS RECEIVING THREATS
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10. (SBU) After their February 12 testimony to the U.S.
Congress, Jose Luciano Sanin, Director of the National Union
School (ENS),and Yessika Hoyos, whose union leader father
was murdered in 2001, were publicly accused by President
Uribe of spreading political hatred and lying. In a February
24 meeting, Sanin and Hoyos told us they received increased
threats following Uribe's comments. Sanin said his office
receives protection from the GOC, but noted that he and Hoyos
do not receive personal protection. He later told us his son
was recently held up at gunpoint, but the criminals demanded
only his phone. Sanin's romantic partner and the author of a
Colombian Commission of Jurists (CCJ) report on union
killings, also received a threatening fax with her address,
phone number, and other personal details. Sanin believes his
personal circle is being targeted. We will provide more
reporting on Sanin's situation septel.

LABOR MURDERS NOT ALWAYS LINKED TO UNION ACTIVITY
-------------- --------------


11. (SBU) The ENS reported that 49 union members were
killed in 2008. Of these, 32 belonged to public sector
unions including 18 teachers. ENS routinely asserts that the
majority of labor murders are tied to labor disputes, but
none of the 32 public sector workers were actively involved
in labor talks at the time of their murders. Still, two were
murdered while were conducting activities that could be been
considered labor related. Carlos Burbano helped organize the
March 6, 2008 march for the victims of all forms of
terrorism, and disappeared on March 9 from San Vicente Del
Caguan (Caqueta). His body was recovered in a dump with his
face disfigured with acid. William Rubio Ortiz was murdered
in a drive-by shooting on December 12; his union had recently
accused the local government official -- who managed the
regional environmental entity he worked for -- of corruption
and of ties to paramilitaries.

LABOR MURDERS RESOLVED
--------------


12. (U) The Fiscalia condemned former paramilitary member
Daniel Toloza Contreras, alias "Cura," to 8.5 years of prison
for the assassination of labor leader Pablo Antonio Padilla
on February 23, 2001 in San Alberto (Cesar). Sanin noted
that paramilitary leaders participating in the peace process
have confessed to ordering the murders of 84 union leaders to
date, but complained that the have provided few details.
Sanin asserted that that in many cases employers were also
involved in the murders, but that the paramilitaries continue
to protect them.

BROWNFIELD